THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE

Council Minutes

Monday, July 04, 2022

5:00 P.m. - 6:00 P.m.

Council Chambers, Municipal Administration Centre

Council Present

• Mayor Gerry Glover
• Deputy Mayor Randy Roppel
• Councillor Andrea Clarke
• Councillor Maureen Couture
• Councillor Dave Cuyler
• Councillor Dorne Fitzsimmons
• Councillor Laura Haight
• Councillor Doug Kennedy
• Councillor Bill Stewart

Staff Present

• Roxana Baumann, Acting CAO/Director of Corporate Services/Treasurer
• Jennifer Lawrie, Manager of Legislative Services/Clerk
• Lorie Fioze, Manager of Strategic Initiatives
• Karen Kieffer, Manager of Community Programs
• Nicole Bauman, Legislative Services Administrative Assistant

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1.

Call to Order

Mayor Gerry Glover called to order the Council of The Corporation of the Municipality of Kincardine at 5:00 p.m. on Monday, July 4, 2022, in the Council Chambers at the Municipal Administration Centre. 

Note: Some members of Council and Staff appeared virtually.

1.1

Land Acknowledgment Statement

Councillor Clarke opened the meeting with the Land Acknowledgment Statement.

2.

Amendments, Additions or Deletions To/From the Agenda

• Resolution # 07/04/22 - 01
  Moved by: Randy Roppel
  Seconded by: Dave Cuyler

  THAT Council approve the following addition to the agenda:

  1) Motions and Notice of Motions - 5.4 Noise By-law Exemption - Kincardine Cubs.

  Carried.

3.

Disclosure of Pecuniary Interest and the General Nature Thereof

Name: Dave Cuyler
Item of Business: 7.0 Integrity Commissioner Report
General Nature of Interest: Declare a conflict

Councillor Cuyler left the Council table and did not vote on the item.

4.

Adoption of Minutes from Regular and Special Meetings of Council 

• Resolution # 07/04/22 - 02
  Moved by: Maureen Couture
  Seconded by: Andrea Clarke

  THAT the minutes of the Council meetings held on June 20, 2022 and June 21, 2022 (Special) be adopted as printed.

  Carried.

5.

Motions and Notice of Motions

5.1

Notice of Motion

None.

5.2

Marina Launch Ramp User Fee

• Resolution # 07/04/22 - 03
  Moved by: Bill Stewart
  Seconded by: Dorne Fitzsimmons

  THAT Council approve the Kincardine Marina Launch Ramp usage be a "Pay to Use" system as a pilot program for 2022 as outlined in Report Parks & Facilities - 2022-05; 

  AND FURTHER THAT Council waive the Pay per Use Fees during the Fishing Derby so that the launch remains free to all users during the Derby;

  AND FURTHER THAT Council allocate the revenue collected from the Pay per Use Launch Ramp usage fee to the Marina Budget.  

  Carried.

5.3

Off Leash Dog Park Inverhuron

• Resolution # 07/04/22 - 04
  Moved by: Laura Haight
  Seconded by: Doug Kennedy

  THAT Council direct Staff to include an Off-Leash Dog Park in Inverhuron for consideration in the 2023 budget as per Report Recreation & Community Programs-2022-04;

  AND FURTHER THAT Council direct Staff to solicit public interest to commence a stewardship program for the development of an Off-Leash Dog Park in Inverhuron. 

  Defeated.

5.4

Noise By-law Exemption - Kincardine Cubs

• Resolution # 07/04/22 - 05
  Moved by: Dave Cuyler
  Seconded by: Maureen Couture

  THAT Council authorize the request of the Kincardine Cubs for an exemption from the provision of the Noise Control By-law No. 2008-076 for the hours of 11:00 p.m. Saturday July 9, 2022 to 1:00 a.m. Sunday July 10, 2022 for a fundraising event being held at Connaught Park.

  Carried.

6.

Consideration of By-laws

6.1

Kincardine Yacht Club Agreement Amendment (3) By-law

• Resolution # 07/04/22 - 06
  Moved by: Andrea Clarke
  Seconded by: Bill Stewart

  THAT the “Kincardine Yacht Club Agreement Amendment (3) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 120.

  Carried.

6.2

2022 Consolidated Rates and Fees Amendment (4) By-law

• Resolution # 07/04/22 - 07
  Moved by: Dorne Fitzsimmons
  Seconded by: Laura Haight

  THAT the “2022 Consolidated Rates and Fees Amendment (4) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 121.

  Carried.

6.3

Public Nuisances By-law Amendment (2) By-law

• Resolution # 07/04/22 - 08
  Moved by: Doug Kennedy
  Seconded by: Randy Roppel

  THAT the “Public Nuisances By-law Amendment (2) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 122.

  Carried.

Councillor Couture left the meeting at 5:11 p.m.

7.

Integrity Commissioner Report

Integrity Commissioners John Mascarin and Meghan Cowan from Aird & Berlis LLP provided the Integrity Commissioner Report on the Code of Conduct Complaints Against Councillor Dave Cuyler.

Councillor Haight left the meeting at 6:17 p.m.

• Resolution # 07/04/22 - 09
  Moved by: Bill Stewart
  Seconded by: Doug Kennedy

  THAT Council receive and accept the Integrity Commissioner Report on Code of Conduct Complaints Against Councillor Dave Cuyler by Aird & Berlis LLP dated June 28, 2022;

  AND FURTHER THAT Council hereby reprimands Councillor Cuyler for his breach of the Code of Conduct and that it formally denounces his actions;

  AND FURTHER THAT Councillor Cuyler's remuneration be suspended for a period of ninety  (90) days, as authorized under the Municipal Act, 2001 and the Code.

  Yes (6)	Gerry Glover, Doug Kennedy, Randy Roppel, Bill Stewart, Dorne Fitzsimmons, and Andrea Clarke
  Conflict En (1)	Dave Cuyler

  Carried.

8.

Move into Committee of the Whole

Councillor Haight and Councillor Couture joined the meeting at 6:31 p.m.

• Resolution # 07/04/22 - 10
  Moved by: Maureen Couture
  Seconded by: Andrea Clarke

  THAT Council move into Committee of the Whole and upon completion return to Council.

  Carried.

9.

Matters Arising from Committee of the Whole

• 9.1 Consent Agenda

  Resolution # 07/04/22 - 11
  Moved by: Laura Haight
  Seconded by: Doug Kennedy

  THAT Council approve the recommendations contained in the consent agenda dated Monday, July 4, 2022 and direct staff to proceed with all necessary administrative actions.

  Carried.

10.

Members of Council General Announcements

11.

Chief Administrative Officer Announcements

12.

Closed Meeting if Required

• Resolution # 07/04/22 - 12
  Moved by: Randy Roppel
  Seconded by: Dave Cuyler

  THAT Council move into closed meeting for the purpose of considering personal matters about an identifiable individual, including municipal or local board employees (Accessibility Advisory Committee Candidate), and a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (Bruce Telecom); pursuant to Section 239 (2) of the Municipal Act, 2001, as amended;

  AND FURTHER THAT Council return to regular open meeting upon completion.

  Carried.

13.

Matters Arising from Closed Session

Mayor Glover reported that a closed meeting had been held for the purpose of considering personal matters about an identifiable individual, including municipal or local board employees (Accessibility Advisory Committee Candidate), and a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization (Bruce Telecom).

The information regarding Bruce Telecom was received for information and Staff was directed to place a by-law on the open agenda regarding the Accessibility Advisory Committee Candidate.

• Resolution # 07/04/22 - 13
  Moved by: Dave Cuyler
  Seconded by: Maureen Couture

  THAT the “Consolidated Committee Appointment (2019) Amendment (17) By-law” be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 123.

  Carried.

14.

Confirmatory By-law

• Resolution # 07/04/22 - 14
  Moved by: Andrea Clarke
  Seconded by: Dorne Fitzsimmons

  THAT the By-law to confirm the proceedings of the Council of The Corporation of the Municipality of Kincardine of Monday, July 4, 2022 be deemed to be read a first, second and third time, finally passed and numbered as By-law No. 2022 - 124.

  Carried.

15.

Adjournment

• Resolution # 07/04/22 - 15
  Moved by: Laura Haight
  Seconded by: Doug Kennedy

  THAT this Council adjourn at 7:41 p.m.

  Carried.